Key Pre-action Steps Flashcards
What is the cause of action?
The legal claim that allows a party to seek judicial relief
Which is the cheapest form of ADR ?
Mediation, then arbitration (although can be the most expensive depending on arbitrator) and then litigation
What is the main difference between arbitration and mediation ?
The decision is binding on parties in arbitration
How is an arbitration decision enforced ?
Can apply to the high court under arbitration act to enforce award as if it were a court decision.
When does the limitation period start for a minor ?
It started running after they turn 18
What is the limitation period for civil claims ?
6 years from cause of action (in contract this is as soon as breach occurs), (tort it is when breach occurs), personal injury is 3 years.
What is the limitation period in negligence where the damage is latent (hidden)
Six years from date of cause or 3 years from knowledge of damage. (No later than 15 years after date of negligent act)
What is a specific claim ?
For a fixed amount of money, usually a debt owed
What is an unspecific claim ?
Court will have to conduct investigation to determine amount of money payable.
What is PDPAC ?
Practice Direction on Pre-action conduct and protocols - general guidance where there are no pre action protocols
What are consequences of not following PDPAC ?
1) Party at fault pays some or all opponents costs
2) depriving a claimant who is at fault of some or all interest they may be awarded on damages.
What is the pre-action protocol for debt claims ?
Must give full information on debt owed
What is The Hague convention ?
Requires the court designated in an exclusive jurisdiction agreement to hear the case and any proceedings in another contracting state to be dismissed.
What is the common law rule of jurisdiction if Hague convention doesn’t apply ?
Jurisdiction will be established by serving D within that jurisdiction
Under PDPAC what is maximum time for D to respond to letter before claim?
3 months unless it is unreasonable to do so
